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OBJECTIONS TO THE MOTUOANE EXPLORATION RIGHT 386 APPLICATION, WITHIN VARIOUS FARMS IN MATJHABENG AND MOQHAKA LOCAL MUNICIPALITIES, LEJWELEPUTSWA AND FEZILE DABI DISTRICT MUNICIPALITIES, FREE STATE PROVINCE, SOUTH AFRICA
The Centre for Environmental Rights, on behalf of MACUA and MEJCON-SA and jointly with Natural Justice, submitted formal objections to the Motuoane Exploration Right 386 application. The submission argues that the project's scoping report is deficient in its assessment of climate change, air quality, and groundwater impacts, and that the public participation process was exclusionary and legally inadequate.
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Document type: Statement
APPEAL RESPONSE REPORT
The Centre for Environmental Rights, representing MEJCON-SA and MACUA, has filed an appeal response report challenging the Environmental Authorisation (EA) granted to Tetra4 (Pty) Ltd for its Gas Gathering and Production Project in Virginia, Free State. The appellants argue that Tetra4 used a Basic Assessment Report (BAR) process to circumvent more rigorous Scoping and EIA requirements for the drilling of 18 additional wells, effectively 'project splitting' to avoid comprehensive environmental scrutiny. The report highlights critical failures in assessing climate change and geohydrology impacts, inadequate public participation—specifically the exclusion of farm workers and dwellers—and a lack of state capacity to monitor and enforce compliance in the oil and gas sector.
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Document type: Report
OBJECTIONS TO THE WATER USE LICENCE APPLICATION FOR THE PROPOSED MOKOLO CROCODILE RIVER (WEST) WATER AUGMENTATION PROJECT PHASE2A (MCWAP-2A)
The Centre for Environmental Rights (CER), on behalf of Earthlife Africa and groundWork, submitted formal objections on 14 June 2022 to the Integrated Water Use Licence Application (IWULA) for Phase 2A of the Mokolo Crocodile River (West) Water Augmentation Project (MCWAP-2A). The CER argues that the project is an unnecessary inter-basin transfer designed to support coal expansion, which contradicts South Africa's climate commitments and poses severe risks to aquatic ecosystems and local communities.
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Document type: Statement
OBJECTION TO THE NIFPP WATER USE LICENCE APPLICATION
The Centre for Environmental Rights, acting for groundWork, submitted a formal objection on 18 June 2021 to the Water Use Licence (WUL) application for the Nseleni Independent Floating Power Plant (NIFPP) at the Port of Richards Bay. The objection argues that the 12-page application is 'woefully deficient and incomplete,' failing to provide necessary data on water resource impacts, climate change, and the full scope of associated infrastructure to allow for an informed decision.
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Document type: Statement
APPELLANTS’ SUBMISSIONS IN TERMS OF SECTION 165 OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT (SPLUM) BY-LAW FOR THE DR PIXLEY KA ISAKA SEME LOCAL MUNICIPALITY
This document contains legal submissions by a coalition of eight environmental organisations, represented by the Centre for Environmental Rights, appealing a decision by the Gert Sibande District Joint Municipal Planning Tribunal. The appeal seeks to revoke the approval of a land-use change application by Atha-Africa Ventures (Pty) Ltd to enable the construction of the Yzermyn Underground Coal Mine on Portion 1 of the farm Yzermyn 96 HT, arguing that the decision is unlawful, environmentally catastrophic, and contrary to national water security interests.
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Document type: Report
Appeal response report
The Centre for Environmental Rights (CER) filed an appeal on July 9, 2019, against an integrated environmental authorisation (IEA) granted by the Department of Mineral Resources (DMR) to Mineral Sands Resources (Pty) Ltd (MSR). The authorisation allows MSR to extend mining operations at Tormin Mine, affecting ten beaches and inland areas on the Farm Geelwal Karoo 262 and other farms in the Varhynsdorp Magisterial District, Western Cape. The CER argues that the authorisation was granted through an unlawful circumvention of the mining right application process and fails to protect Critical Biodiversity Areas (CBAs).
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Document type: Report
Appeal response report
This report is an appeal by the Centre for Environmental Rights (CER) against an integrated environmental authorisation (IEA) granted by the Department of Mineral Resources (DMR) to Mineral Sands Resources (Pty) Ltd (MSR). The appeal contests the expansion of mining operations at Tormin Mine, arguing that the authorisation was granted through an unlawful circumvention of the mining right application process and fails to adequately protect Critical Biodiversity Areas (CBAs).
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Document type: Report
APPEAL IN TERMS OF SECTION 43 OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT,1998 AGAINST THE ENVIRONMENTAL AUTHORISATION ISSUED TO THE DEPARTMENT OF WATER AND SANITATION ON 15 MARCH 2019 FOR THE MOKOLO AND CROCODILE RIVER (WEST) AUGMENTATION PROJECT (PHASE 2A) (MCWAP-2A), WITHIN THE THABAZIMBI AND LEPHALALE LOCAL MUNICIPALITIES IN THE WATERBERG DISTRICT MUNICIPALITY, LIMPOPO PROVINCE
This document is a formal appeal submitted by the Centre for Environmental Rights on behalf of Earthlife Africa and groundWork to the Minister of Environmental Affairs. The appeal seeks to set aside an Environmental Authorisation granted on 15 March 2019 to the Department of Water and Sanitation for Phase 2A of the Mokolo and Crocodile River (West) Augmentation Project (MCWAP-2A). The appellants argue that the project is unnecessary, environmentally damaging, and based on outdated energy demand assumptions.
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Document type: Statement
APPLICANTS’ HEADS OF ARGUMENT
This document contains the applicants' heads of argument in a legal application to review and set aside decisions made by the Minister of Environmental Affairs and the Minister of Mineral Resources to grant Atha-Africa Ventures (Pty) Ltd permission to conduct commercial coal mining in the Mabola Protected Environment (MPE) in Mpumalanga, South Africa.
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Document type: Report
OBJECTION TO APPLICATION IN TERMS OF REGULATION 18(1)(b) OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT REGULATIONS: LAND USE MANAGEMENT AND GENERAL MATTERS, 2015 READ WITH SECTION 98 OF THE SPACIAL PLANNING AND LAND USE MANAGEMENT BY-LAW FOR PIXLEY KA ISAKA SEME LOCAL MUNICIPALITY, 2016
This document is a formal objection submitted by the Centre for Environmental Rights on behalf of a coalition of eight civil society and community non-profit organisations. The objection opposes an application by Atha-Africa Ventures (Pty) Ltd to change the land use of Portion 1 of the Farm Yzermyn 96 in Mpumalanga from agricultural to mining purposes to facilitate the construction of the proposed Yzermyn Underground Coal Mine.
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Document type: Statement
OBJECTION TO APPLICATION IN TERMS OF REGULATION 18(1)(b) OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT REGULATIONS: LAND USE MANAGEMENT AND GENERAL MATTERS, 2015 READ WITH SECTION 98 OF THE SPACIAL PLANNING AND LAND USE MANAGEMENT BY-LAW FOR PIXLEY KA ISAKA SEME LOCAL MUNICIPALITY, 2016
This document is a formal objection submitted by the Centre for Environmental Rights on behalf of a coalition of eight civil society and community non-profit organisations. The objection opposes an application by Atha-Africa Ventures (Pty) Ltd to change the land use of Portion 1 of the Farm Yzermyn 96 in Mpumalanga from agricultural to mining purposes to facilitate the construction of the Yzermyn Underground Coal Mine. The objectors argue that the project would cause irreparable harm to a strategic water source area, threaten biodiversity in the Mabola Protected Environment, and negatively impact vulnerable local communities, while failing to comply with municipal spatial development frameworks and national interest requirements under the Spatial Planning and Land Use Management Act (SPLUMA).
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Document type: Statement
RELEVANT INFORMATION ON THE COAL INDEPENDENT POWER PRODUCERS (IPPS)
The Centre for Environmental Rights (CER) submitted a statement to the Portfolio Committee on Environmental Affairs on May 22, 2018, opposing the approval of coal-fired Independent Power Producers (IPPs), specifically Thabametsi and Khanyisa. The CER argues that these projects are unnecessary, economically damaging, and environmentally catastrophic, citing high greenhouse gas emissions, water scarcity, and air pollution in priority areas.
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Document type: Statement
APPEAL TO THE MINISTER OF ENVIRONMENTAL AFFAIRS
This document is a legal submission by groundWork, represented by the Centre for Environmental Rights, appealing to the Minister of Environmental Affairs to extend the deadline for filing an appeal against the environmental authorisation of the ACWA Power Khanyisa Thermal Power Station. The appellant argues that the authorisation is unlawful because it lacked a comprehensive climate change impact assessment, a requirement recently affirmed by the High Court in the Thabametsi judgment.
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Document type: Statement
APPEAL IN TERMS OF SECTION 148(1) OF THE NATIONAL WATER ACT, 1998 IN RESPECT OF THE WATER-USE LICENCE ISSUED TO ATHA-AFRICA VENTURES (PTY) LTD FOR ITS PROPOSED YZERMYN UNDERGROUND COAL MINE
The Centre for Environmental Rights (CER), representing the Endangered Wildlife Trust (EWT) and the Federation for a Sustainable Environment (FSE), submitted representations to the Minister of Water and Sanitation on 2 March 2017. The document argues against a petition by Atha-Africa Ventures (Pty) Ltd to uplift the suspension of a water-use licence (WUL) for the proposed Yzermyn underground coal mine, asserting that the suspension should remain until the Water Tribunal resolves the pending appeal.
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Document type: Statement
OBJECTIONS TO THE INTEGRATED WATER USE LICENCE APPLICATION FOR PROPOSED IPP THABAMETSI POWER STATION
The Centre for Environmental Rights, acting for Earthlife Africa Johannesburg, submitted formal objections on 20 January 2017 to the Integrated Water Use Licence Application (IWULA) for the proposed 1200MW coal-fired Thabametsi power station near Lephalale, Limpopo. The submission argues that the application is fatally flawed due to outdated data, failure to account for climate change, risks to groundwater and wetlands, and a lack of guaranteed water availability for the project's 40-year lifespan.
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Document type: Statement
CASO PUEBLO INDÍGENA CACATAIBO SOLICITUD DE MEDIDAS CAUTELARES URGENTES: SUSPENSIÓN EXPLORACIÓN DE HIDROCARBUROS
This document consists of a series of annexes supporting a request for urgent precautionary measures to suspend hydrocarbon exploration in the territories of the Cacataibo indigenous people. It provides extensive ethnographic evidence, including over 100 testimonies from 2002 to 2006, to prove the existence of Cacataibo groups living in voluntary isolation. The report details the physical characteristics, diet, and housing of these isolated groups, their historical conflicts with other ethnic groups and rubber tappers, and the environmental and health risks posed by seismic exploration in 'Lote 107'. It also outlines the legal status of Cacataibo communal lands and the chronological process of requesting territorial reserves for the isolated populations.
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Document type: Report
1.4-annexures-4-29c174f5574f969f.pdf
This document consists of several annexures related to two proposed coal mining projects in Mpumalanga, South Africa: the Lusthof Colliery and the WPB Colliery. The first part is a draft report from 2012 by Dr. Hugo van Zyl for Black Gold Coal Estates (BGCE) regarding the financial provisioning for a Reverse Osmosis Water Treatment Plant (WTP) at Lusthof Colliery, estimating a required provision of approximately R74.42 million to cover construction and 100 years of post-closure operation. The second part contains correspondence and reviews from 2013 to 2015 regarding the WPB Colliery, featuring objections from BirdLife South Africa and technical reviews by Golder Associates. These reviews highlight 'fatal flaws' in the WPB Colliery's water use license application, specifically the lack of adequate acid mine drainage (AMD) assessment, insufficient public participation, and flawed geochemical modelling for pollution mitigation.
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Document type: Report
2015-06-10-thabametsi-appeal-response-part-1-a761f743bf5219c0.pdf
This document is a responding statement submitted by Newshelf 1282 (Pty) Ltd (the Second Respondent) on behalf of the Centre for Environmental Rights (CER) and Earthlife Africa, Johannesburg (the Appellant). It addresses an appeal against the environmental authorisation (EA) granted by the Department of Environmental Affairs (DEA) for the construction of the 1200MW coal-fired Thabametsi power station.
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Document type: Statement
APPEAL PURSUANT TO SECTION 43(1A) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998 AGAINST THE DECISION RELATED TO THE ENVIRONMENTAL AUTHORISATION GRANTED TO TETRA4 (PTY) LTD ON 13 JULY 2023
The Mining and Environmental Justice Community Network of South Africa (MEJCON-SA) and Mining Affected Communities United in Action (MACUA) have appealed a decision by the Department of Mineral Resources and Energy (DMRE) to grant environmental authorisation (EA) to Tetra4 (Pty) Ltd for the Cluster 2 Virginia Gas Production Project. The appellants argue that the decision is unlawful and unreasonable due to flawed groundwater and climate change assessments, inadequate public participation, a failure to consider renewable energy alternatives, and the state's lack of capacity to monitor gas operations.
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Document type: Statement
ilovepdf_merged-48_rotated-feb7992c94841dd6.pdf
This document is an appeal filed on 17 January 2022 by Anchor Energy LNG Pty Ltd and Nseleni Power Corporation Pty Ltd against the Department of Forestry, Fisheries and the Environment's (DFFE) decision to refuse environmental authorisations for the Nseleni Independent Floating Power Plant (NIFPP) and an associated LNG receiving and storage facility at the Port of Richards Bay.
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Document type: Report